Free Online Survey Software & Questionnaire Tool

Terms of Use


SurveyBrother.com ("SurveyBrother") provides the information and services on on its world wide website(s) (collectively, including all content and functionality available through the SurveyBrother.com domain name, the "Website", "SurveyBrother.com Website" or "Services") under the following terms and conditions.

1. Your Acceptance
A. By using and/or visiting the Website, you ("you" or "User") signify your agreement to (1) these terms and conditions (the "Terms of Use"), as amended from time to time, (2) SurveyBrother.com's Privacy Policy (the "Privacy Policy"), found at here, and incorporated here by reference. These Terms of Use and the Privacy Policy shall apply to all Users. If you do not agree to any of these terms, the Privacy Policy, please do not use the SurveyBrother Website.

B. SurveyBrother.com may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions.

C. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with SurveyBrother.com, or (b) you are a person barred from accessing the Website under the laws of the United States or other countries including the country in which you are resident or from which you use the Website.

2. Language of the Terms of Use
Where SurveyBrother.com may provide you with a translation of the English language version of the Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with SurveyBrother.com.

If there is any contradiction between what the English language version of the Terms of Use says and what a translation says, then the English language version shall take precedence.

3. Account and Password
A. In order to access some features of the Website, you will have to create an account. You will provide current, complete and accurate information in the registration process of SurveyBrother.com Website. You will have an account and password after you complete the SurveyBrother.com registration process. You are solely responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. Dategle may add, modify or apply changes to the required information at any time in its sole discretion.

B. You agree to use the Website only for lawful purposes and subject to these Terms of Use and the SurveyBrother.com Website Privacy Policy. In addition, User’s use of the Website shall be subject to any usage policies that may be posted on the Website by SurveyBrother.com from time to time.

4. General Use of the Website—Permissions and Restrictions
A. You agree not to launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

B. You agree not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in the Website;

C. We reserve the right to deactivate your account(s) or block your IP as we deem appropriate or necessary, without notice. SurveyBrother.com has no responsibility or liability for the deletion or failure to store any data in your account or other content maintained or transmitted by the Website.

D. SurveyBrother.com reserves the right to discontinue any aspect of the SurveyBrother.com Website at any time.

5. Your Use of Content on the Site
A. The entire content on the SurveyBrother.com Website, including without limitation, the text, software, scripts, graphics, pictures, sounds, music, videos, compilations, survey templates, surveys, page layout, design, processes, interactive features and the like ("Content") and the SurveyBrother.com® trademark, service marks and logos contained therein ("Marks"), are owned by Datagle LLC, all protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. SurveyBrother.com® is a registered trademark of Datagle LLC. All other trademarks and logos are the property of their respective owners.

While you have an registered account with SurveyBrother.com and your account is active, you will have the right to access your surveys, survey responses, survey results and related survey data as permitted through the functionality of the Website and under these Terms of Use.

B. You understand that when using the SurveyBrother.com Website, you will be exposed to User Submissions (as defined below) whether publicly posted or privately transmitted, or derivative content from User Submissions ("Derivative Content"). User Submissions and Derivative Content are collectively referred to as "User Content". You understand that the User Content are soly the opinions and responsibility of the person or entity submitting them and SurveyBrother.com is not responsible for the accuracy, integrity, usefulness, safety, or intellectual property rights of or relating to such User Content. Under no circumstances will SurveyBrother.com be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Submissions and Derivative Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website.

6. Your User Submissions and Conduct
A. As a User, you may submit information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Submissions"), whether publicly posted or privately transmitted. You understand that whether or not such User Submissions are published and that you are solely responsible for your own User Submissions and the consequences of posting or publishing them or otherwise make available via the Website. By submitting User Submissions to SurveyBrother.com, you warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize SurveyBrother.com to use all User Submissions in any manner SurveyBrother.com chooses. You hereby grant to SurveyBrother.com the perpetual, irrevocable, transferable, worldwide, royalty-free right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website

B. You also hereby grant each user of the SurveyBrother.com Website a perpetual, irrevocable, transferable, worldwide, royalty-free right and license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

C. You acknowledge, warrant and agree not to do any of the followings:
(i) upload, post or transmit on the Website any defamatory, indecent, obscene, harassing, violent, unlawful, harmful, threatening, abusive, tortious, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;

(ii) misrepresent an affiliation with any person or organization;

(iii) upload, post or transmit on the Website any advertisements or solicitations of business;

(iv) upload, post or transmit files that contain a virus, corrupted data or software that may damage anyone's computer.

(v) upload, post or transmit any User Content that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website);

7. LINKS TO THIRD PARTIES
The SurveyBrother.com Website may contain links to third party websites that are not owned or controlled by SurveyBrother.com. SurveyBrother.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Any links to third party websites provided by SurveyBrother.com's website doesn't constitute endorsement, recommendation, or acceptance of any responsibility for the contents or any products or services or operators of such third parties or their sites. This means you, not SurveyBrother.com, have full responsibility for such content, including its legality, reliability and appropriateness.

8. Modification to Services and Terms of Use
You acknowledge and agree that we may, with or without notice, modify or terminate the Services and/or the Site at any time. Further, we may modify these Terms of Use from time to time, including the fees we charge for Services. Your use of the Site or the Services after the modification or termination is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Services or these Terms of Use.

SurveyBrother.com reserves the right to delete accounts that are inactive for an extended period of time.

You agree that SurveyBrother.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or these Terms of Use.

9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE DATAGLE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DATAGLE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DATAGLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SURVEYBROTHER.COM WEBSITE. SURVEYBROTHER.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SURVEYBROTHER.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SURVEYBROTHER.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL SURVEYBROTHER.COM, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SURVEYBROTHER.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SURVEYBROTHER.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. Indemnification
User shall indemnify and hold harmless SurveyBrother.com and its shareholders or other equity owners, officers, managers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Website or the delivery of services or information over the Website (the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, which may be imposed on, incurred by or asserted against any of the Indemnified Parties by any person, arising from any violation by User of the Terms of Use or User’s use of the Website, any content or other information provided by User to SurveyBrother.com, or any information obtained from the Website.

11. Privacy
Protecting the privacy of Users of our Websites is important to SurveyBrother.com. The SurveyBrother.com Website Privacy Policy, incorporated entirely into these Terms of Use, describes how we use and protect information you provide to us on or through our Website.

12. Jurisdiction/Governing Law
These Terms of Use shall be governed and construed in accordance with the laws of the State of Pennsylvania, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that Any claim or dispute between you and SurveyBrother.com that arises in whole or in part from your use of the SurveyBrother.com Website shall be decided exclusively by a court of competent jurisdiction located in Chester Country, Pennsylvania. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Any claim or demand under these Terms of Use must be made within 1 year of the occurrence of the underlying facts.